Who Else Has A Claim With Appeals Management Center?

[hurryupnwait]

Maybe we should compare notes and exchange information.

[allan]

Hi Allan

My claim has been at the AMC thirty months and one week.

I would not hesitate to call the AMC Director's office and complain. I did and my claim was rated 4 days after I called. I m now waiting for a post determination letter which they say may take two months. I m complaining again.

Hurryupnwait aka Paul

Paul,

I gave the AMC's Director's office a call Monday and heard nothing in "5" days. Said he would get someone to give me a call of why it remains in "Ready to wait" status after 17 months.

He said that it is a claims issue and nothing he could do but turn it over to someone that will get back to me.

**************************************************************

>Tank here been at the appel management center about three years.Call last week was told my case that was with rating specialist .I was told that last year .I really think the AMC is joke but what do I know.Can someone tell is there any other way or information that can help to get this people to do their job.

Tank, the operators at the AMC will throw out in their conversation, that your claim has been turned over to a rater or rating specialist. Ask these operators, do you mean the claim is in "ready to rate status"? being assigned to a rating officer that is reviewing your claim, does not mean "ready to rate status". Ready to rate status: is the time your claim sits without being reviewed or receiving any type of evaluation. Many AMC operators will try to give the impression it is under review, but thats not the truth. It's waiting for someone to review it.

***********************************************************

Keep it at the RO level to fix?

The same level of review the BVA keeps remanding to fix, only to have the rating specialists refuse to fix?

These intentional "due process"errors under VARO, AMC and Contract rating specialists control. Are designed to prevent the claim from being finalized. According to todays data, it happens to nearly 60% of us.

I'm hear to tell ever one, Legal review of Primary Evidence, (IMO's, favorable SMR's, private treatment records/medical diagnoses/medical opinions, etc), seldom happens during VARO claims review. But thats only based on 30 years of RO claims assistance.

I don't receive assistance from the BVA by their issuance of a (expedited)remand back to RO level of review and I don't receive due process or assistance under RO level of review.

The "errors" that need fixing start with the VARO(VA Regional Office) review and the same errors continue with the VARO raters anytime it comes under their review.

My claim has been under Regional Office review since "1977".

In 1997, they finally granted service connection for some issues that were on my separation physical in 1971, and that I filed for in 1977.

The RO raters in 1978, denied the claim with one sentence. " The veterans records do not support the claim". That was all they said on one piece of paper. The RO also immediately requested from the National Records Archives, that all of my original service records be sent to them.

My service officers have requested copies of SMR's from 1975 to 1997 with out ever receiving a response from the RO raters.

When I sent requests to the RO raters for my naval service records, they would only reply that I had to request them through the National Archives in St Louis.

Regional Office rating specialists requested an additional C&P to the "general" that did not include lab, xrays, MRI's, opinions, SMR's etc in 1996 or 97.

Their instructions to the next VAMC C&P examiner a month or so later, was to include a physical examination, examination of current medical records and opinion as to whether or not the claimed issues were "on a more probable than not bases".

The VARO C&P examiner opined, that on a more probable than not bases, the veteran is service connected for all claimed issues, since his symptoms and periods of incapacitation have been consistent over the years.

The VARO and the VAMC rating dept, refused to send a copy of this C&P's results and concealed it from me for nearly two years.

I found out a few years later, the RO raters claimed they never received this examiners opinion and physical examination results. Two months after the VARO raters received what they requested to finalize the claim, they scribble on a note to a staff, contract consultant at another VAMC to opine, without examination.

They ordered an IMO in other words. Three days later, they get the response they looked for when the consultant states, not service connected since veteran had no health complaints until the 1990's. They immediately denied the claim.

they never informed my NSO, or myself they had the first favorable opinion or that they were ordering an IMO or that they recieved it and denied the claim based on it alone. They denied the claim stating the "only" medical opinion of record was unfavorable.

This is what put me in appeals.

Ask yourself this. Can the Regional office level of review rating specialists, provide "you" with "due process" of law or the Court of Veterans Appeals?

In my case, with what i've had pulled on me over the last thirty years by rating specialists at the Regional Office review level, I would say its near impossible to receive an honest evaluation of evidence.

Currently, I do not posses the right to legal council by an attorney.

One day I hope all Veterans will earn the right of someone that hopped the fence this morning.

Until then, I do not have the right to hire an attorney to represent me until I get to the court level of review and nothing i've experienced tells me due process will take place until then.

Sorry Josephine. I completely disagree with leaving it at the RO level to process, when the RO level of review is not to review it properly in the first place.

Allan

[john999]

DaNang

I would ask for a personal hearing with a DRO. You can present evidence and personal testimony at the Hearing. You need to talk to a human being at the VA. This is my opinion. Face-to-face hearings are best. Just don't lose your temper. It is like any contest because the first guy to lose his cool loses the contest.

[Josephine]

Paul,

I gave the AMC's Director's office a call Monday and heard nothing in "5" days. Said he would get someone to give me a call of why it remains in "Ready to wait" status after 17 months.

He said that it is a claims issue and nothing he could do but turn it over to someone that will get back to me.

**************************************************************

>Tank here been at the appel management center about three years.Call last week was told my case that was with rating specialist .I was told that last year .I really think the AMC is joke but what do I know.Can someone tell is there any other way or information that can help to get this people to do their job.

Tank, the operators at the AMC will throw out in their conversation, that your claim has been turned over to a rater or rating specialist. Ask these operators, do you mean the claim is in "ready to rate status"? being assigned to a rating officer that is reviewing your claim, does not mean "ready to rate status". Ready to rate status: is the time your claim sits without being reviewed or receiving any type of evaluation. Many AMC operators will try to give the impression it is under review, but thats not the truth. It's waiting for someone to review it.

***********************************************************

Keep it at the RO level to fix?

The same level of review the BVA keeps remanding to fix, only to have the rating specialists refuse to fix?

These intentional "due process"errors under VARO, AMC and Contract rating specialists control. Are designed to prevent the claim from being finalized. According to todays data, it happens to nearly 60% of us.

I'm hear to tell ever one, Legal review of Primary Evidence, (IMO's, favorable SMR's, private treatment records/medical diagnoses/medical opinions, etc), seldom happens during VARO claims review. But thats only based on 30 years of RO claims assistance.

I don't receive assistance from the BVA by their issuance of a (expedited)remand back to RO level of review and I don't receive due process or assistance under RO level of review.

The "errors" that need fixing start with the VARO(VA Regional Office) review and the same errors continue with the VARO raters anytime it comes under their review.

My claim has been under Regional Office review since "1977".

In 1997, they finally granted service connection for some issues that were on my separation physical in 1971, and that I filed for in 1977.

The RO raters in 1978, denied the claim with one sentence. " The veterans records do not support the claim". That was all they said on one piece of paper. The RO also immediately requested from the National Records Archives, that all of my original service records be sent to them.

My service officers have requested copies of SMR's from 1975 to 1997 with out ever receiving a response from the RO raters.

When I sent requests to the RO raters for my naval service records, they would only reply that I had to request them through the National Archives in St Louis.

Regional Office rating specialists requested an additional C&P to the "general" that did not include lab, xrays, MRI's, opinions, SMR's etc in 1996 or 97.

Their instructions to the next VAMC C&P examiner a month or so later, was to include a physical examination, examination of current medical records and opinion as to whether or not the claimed issues were "on a more probable than not bases".

The VARO C&P examiner opined, that on a more probable than not bases, the veteran is service connected for all claimed issues, since his symptoms and periods of incapacitation have been consistent over the years.

The VARO and the VAMC rating dept, refused to send a copy of this C&P's results and concealed it from me for nearly two years.

I found out a few years later, the RO raters claimed they never received this examiners opinion and physical examination results. Two months after the VARO raters received what they requested to finalize the claim, they scribble on a note to a staff, contract consultant at another VAMC to opine, without examination.

They ordered an IMO in other words. Three days later, they get the response they looked for when the consultant states, not service connected since veteran had no health complaints until the 1990's. They immediately denied the claim.

they never informed my NSO, or myself they had the first favorable opinion or that they were ordering an IMO or that they recieved it and denied the claim based on it alone. They denied the claim stating the "only" medical opinion of record was unfavorable.

This is what put me in appeals.

Ask yourself this. Can the Regional office level of review rating specialists, provide "you" with "due process" of law or the Court of Veterans Appeals?

In my case, with what i've had pulled on me over the last thirty years by rating specialists at the Regional Office review level, I would say its near impossible to receive an honest evaluation of evidence.

Currently, I do not posses the right to legal council by an attorney.

One day I hope all Veterans will earn the right of someone that hopped the fence this morning.

Until then, I do not have the right to hire an attorney to represent me until I get to the court level of review and nothing i've experienced tells me due process will take place until then.

Sorry Josephine. I completely disagree with leaving it at the RO level to process, when the RO level of review is not to review it properly in the first place.

Allan

Allen,

Your statement is no problem. I guess I just get discusted with the whole blooming mess.

I can't get out of the AMC and I would prefer a denial, just to get out of there.

Is there an answer, I haven't located it to date.

The Court is the best place to be, but don't know how to get there.

Always,

Josephine

[hurryupnwait]

Paul,

I gave the AMC's Director's office a call Monday and heard nothing in "5" days. Said he would get someone to give me a call of why it remains in "Ready to wait" status after 17 months.

He said that it is a claims issue and nothing he could do but turn it over to someone that will get back to me.

Allan

I would keep trying to Call the Director's office, I have noticed that different people are answering the phone these days, not sure why, some are helpful, some are not. May be the regular Secretary is on vacation.

Did you get the name of the person who is suppose to be calling you back? If you have the name, next time you call the Director's office just asked to be transferred to that person.

Paul

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Edited December 1, 2007 by hurryupnwait

[JoAnn]

So are Josephine and I, the only people with claims at the AMC?

Last night I received in the mail a letter from the AMC. My claim has been sent back to the local office for more medical information. I have had two of these now. The BVA said my claim was to be expidited. After reading all of your posts I am very depressed. I am without work due to my disability and living on the charity of a Church. This is the only thing keeping me from being homeless and now I read your posts and I am troubled.

[Josephine]

Last night I received in the mail a letter from the AMC. My claim has been sent back to the local office for more medical information. I have had two of these now. The BVA said my claim was to be expidited. After reading all of your posts I am very depressed. I am without work due to my disability and living on the charity of a Church. This is the only thing keeping me from being homeless and now I read your posts and I am troubled.

Have you wrote a letter to the AMC to expediate your claim?

Always,

Josepine